HOUSE BILL NO. 3386 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE WELLENKAMP.
7312H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 640.220 and 643.350, RSMo, and to enact in lieu thereof two new sections relating to the expenditure of moneys in certain funds by the department of natural resources.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 640.220 and 643.350, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 640.220 and 643.350, to read as follows: 640.220. 1. For the purpose of protecting the air, water and land resources of the 2 state, there is hereby created in the state treasury a fund to be known as the "Natural 3 Resources Protection Fund". All funds received from air pollution permit fees, gifts, 4 bequests, donations, or any other moneys so designated shall be paid to the director of the 5 department of natural resources, transmitted to the director of revenue and deposited in the 6 state treasury to the credit of an appropriate subaccount of the natural resources protection 7 fund and shall be used for the purposes specified by law. The air pollution permit fee 8 revenues shall be deposited in an appropriate subaccount of the natural resources protection 9 fund and, subject to appropriation by the general assembly, shall be used by the department to 10 carry out the general administration of section 643.075. The water pollution permit fee 11 revenues generated through sections 644.052, 644.053, 644.054 and 644.061 shall be paid to 12 the director of the department of natural resources, transmitted to the director of the 13 department of revenue and deposited to the credit of the water pollution permit fee 14 subaccount of the natural resources protection fund and, subject to appropriation by the 15 general assembly, shall be used by the department to carry out the administration of sections 16 644.006 to 644.141.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3386 2
17 2. Effective July 1, 1991, and before June 30, 2027, the provisions of section 33.080 18 to the contrary notwithstanding, any unexpended balance in the subaccounts of the natural 19 resources protection fund that exceeds the preceding biennium's collections shall revert to the 20 general revenue fund of the state at the end of each biennium. Beginning July 1, 2027, any 21 unexpended balance in the subaccounts of the natural resources protection fund that 22 exceeds the preceding biennium's collections shall not revert to the general revenue fund 23 of the state at the end of each biennium. All interest earned on the natural resources 24 protection funds shall accrue to appropriate subaccounts. 25 3. Beginning July 1, 2027, and annually on July first of each succeeding year, the 26 commissioner of administration shall use taxable sales reports to estimate the amount of 27 state general revenue sales and use tax derived from electric power distribution (NAICS 28 code 221122, or its successor) in the immediately preceding calendar year and shall 29 report such amount to the state treasurer. The state treasurer shall transfer five percent 30 of such general revenue sales and use taxes to the air pollution permit fees subaccount of 31 the natural resources protection fund and such funds, subject to appropriation by the 32 general assembly, shall be used by the department solely for the purpose of funding the 33 air pollution control program. Any provision of law to the contrary notwithstanding, 34 amounts transferred in accordance with this subsection shall not revert to the general 35 revenue fund of the state at the end of each biennium and shall be used solely for the 36 purpose of funding the air pollution control program. 643.350. 1. A fee, not to exceed twenty-four dollars, may be charged for an 2 emissions inspection conducted under the emissions inspection program established pursuant 3 to sections 643.300 to 643.355. 4 2. The fee shall be conspicuously posted on the premises of each emissions inspection 5 station. 6 3. The commission shall establish, by rule, the portion of the fee amount to be 7 remitted by the emission inspection station to the director of revenue and the number of days 8 allowed for remitting fees. 9 4. The official emission inspection station shall remit the portion of fees collected, as 10 established by the commission pursuant to this section, to the state treasurer within the time 11 period established by the commission. The state treasurer shall deposit the fees received in 12 the state treasury to the credit of the "Missouri Air Emission Reduction Fund", which is 13 hereby created. Moneys in the fund shall, subject to appropriation, be expended for the 14 administration and enforcement of sections 643.300 to 643.355 by the department of natural 15 resources, the Missouri highway patrol, and other appropriate agencies. Any balance in the 16 fund at the end of the biennium shall remain in the fund and shall not be subject to the 17 provisions of section 33.080. All interest earned by moneys in the fund shall accrue to the HB 3386 3
18 fund. [If in the immediate previous fiscal year, the state's net general revenue did not increase 19 by two percent or more, the state treasurer may deposit moneys, except for gifts, donations, or 20 bequests, received under this section beginning January first of the current fiscal year into the 21 state general revenue fund. Otherwise, the state treasurer shall deposit such moneys in 22 accordance with the provisions of this section.] 23 5. In addition to funds from the Missouri air emission reduction fund, costs of capital 24 or operations may be supplemented, upon appropriation, from the general revenue fund, the 25 state highway department fund, federal funds or other funds available for that purpose. ✔
Statutes affected: